This article on POLITICO from a long-ago student of mine accurately quotes me describing Trump's immunity claims as 'crazy' (and worse): 'How to Know If the Supreme Court Is in the Tank for Trump' politi.co/4d9K9J0

In this review, Eric Segall finds much to admire in a new book Jack Balkin on the uses of history in constitutional law but wishes Prof Balkin would have more expressly acknowledged the dominant role of the Justices' values. dorfonlaw.org/2024/04/the-ba…

Hot (and perhaps obvious) take: Judith Butler is the guest this week on the Not-My-Job segment of Wait Wait Don't Tell Me. As usual when just talking, they are smart, funny, and very easy to understand; the contrast with Butler's notoriously difficult writing style is enormous.

In 'Anti-Textualism, Hostages, and Asymetric Partisan Dishonest, Part 2,' Neil H. Buchanan refutes both-sides-ist claims that all politicians lie by describing Trump's and other right-wingers' embrace of Big Lies. dorfonlaw.org/2024/04/anti-t…

In 'Anti-Textualism, Hostages, and Assymetric Partisan Dishonesty, Part 1,' Neil H. Buchanan shows how the insurrectionist argument in yesterday's SCOTUS case was not just bad but backwards--and connects it to Trump's even more dishonest rhetoric. dorfonlaw.org/2024/04/anti-t…

In yesterday's SCOTUS argument in a January 6 case, the Justices displayed their partisan druthers, which run contrary to what should be their methodological and ideological druthers. dorfonlaw.org/2024/04/the-ej…

Here's Eric Segall with some SCOTUS history (much of it not so pretty) to tide you over while we await whatever further damage the Court has in store for the country by the end of June. dorfonlaw.org/2024/04/10-fas…

In 'O.J. Simpson and America's Recurrent Racial Amnesia,' I place Simpson's use of the 'race card' in the context of prior 1990s events: police beating of Rodney King; acquittal of the perpetrators; L.A. riots; & Clarence Thomas's 'high-tech lynching.' dorfonlaw.org/2024/04/oj-sim…

Professor Eric Berger asks how a hypothetical future liberal SCOTUS should treat Roberts Court precedents that were themselves decided w/o much respect for prior precedents. Details on the blog at: dorfonlaw.org/2024/04/how-sh…

An Indiana court upheld religious exceptions from the state's abortion ban, finding the case was ripe because of steps the plaintiffs took fearing being denied abortions. Here I urge allowing standing based on such a chilling effect in fed'l court too. dorfonlaw.org/2024/04/rethin…

An Indiana appeals court ruled in favor of plaintiffs claiming that the state's restrictive abortion law violates their religious freedom. The decision is based on state law but, as I argue on Justia Verdict, could have federal implications. j.st/58CW

Some conservative legal scholars have observed that recent SCOTUS cases touting 'history & tradition' are not originalism as heretofore understood. Here Eric Segall says they're right: history & tradition test isn't originalism; it's even worse. dorfonlaw.org/2024/04/histor…

Replying to yesterday's guest post by Pat Sobkowski arguing Warren Court liberal activism paved the way for Roberts Court conservative activism, I say that the Warren Court was often representation-reinforcing; the Roberts Court is democracy-thwarting. dorfonlaw.org/2024/04/whats-…

In this guest post, Pat Sobkowski takes issue with a NYTimes op-ed lamenting the supposed crisis in teaching constitutional law. He pushes back, arguing that SCOTUS has almost always been problematic: 'Was Constitutional Law Teaching Ever Not in Crisis?' dorfonlaw.org/2024/04/was-co…

On the blog, I discuss Friday's 5th Circuit ruling that a Second Amendment right to duel with pistols invalidates a conviction for attempted murder and the instant Volokh Conspiracy mini-symposium filled w/ praise for the decision. dorfonlaw.org/2024/04/fifth-…

If the plaintiffs lack standing to challenge FDA mifepristone rules, does no one ever have standing to challenge FDA drug approvals? If so, is that a problem? I analyze here. (Spoiler alert: some party probably has standing; anyway, not a big problem). dorfonlaw.org/2024/03/does-a…